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United States Department of State / Papers relating to the foreign relations of the United States, with the annual message of the president transmitted to Congress December 2, 1902

Austria-Hungary,   pp. 25-72 PDF (3.7 MB)

Page 70

required by the laws of the United States (sees. 1999 and 2000, Rev. Stats.).
But in determining the question of conservation of American citizenship and
the right to receive a passport it is oniy reasonable to take into account
the purpose for which the citizenship is obtained. A naturalized citizen
who returns to the country of his origin and there resides without any tangible
manifestation of an intention to return to the United States may therefore
generally be assumed to have lost the right to receive the protection of
the United States. * * * it is not to be understood by this that naturalized
American citizens returning to the country of their origin are to be refused
the protection of a passport.. On the contrary, full protection should be
accorded them until they manifest an effectual abandonment of their residence
and domicile in the United States. * * * 
 The treatment of the individual cases as they arise must depend largely
upon attendant circumstances. When an applicant has completely severed his
relations with the United States, has neither kindred nor property here,
has married and established a home in a foreign land, has engaged in business
or professional Pursuits wholly in foreign countries, has so shaped his plans
as to make it impossible or improbable that they will ever include a domicile
in this country, these and similar circumstances should exercise an adverse
influence in determining the question whether or not a passport should issue.
 It appears that Freiman lived in the United States seven years and that
he returned to Austria less than two years ago. Whether he has manifested
in this brief period an effectual abandonment of his home in the United States
is a matter which the legation must decide, weighing all the circumstances
of the case with great care. 
I am, etc., 
lift. JJ(tie to lift. hay. 
V~~nna, October 30, 1902. 
 SIR: I have the honor to submit to the Department the case of one Mr. Hai-ry
Frommer, a native citizen of the United States, who has applied to this embassy
for a renewal of his passport. The facts are as follows: 
 1. Harry Frommer, whose father was a naturalized citizen of the 
United States of Austro-Hungarian origin, was horn at New York 
City, in the State of New York, on the 29th day of May, 1869. He 
last left the United States in June, 1892, the bearer of passport No. 
36444, issued by the Secretary of State on the 2d day of April, 1892. 
 2. On the 3d day of April, 1894, Mr. Frommer applied to and was granted
by this mission a new passport, No. 449, stating in his application for same
that he intended "to return to the United States within six months." 
 3. On the 8th day of May, 1896, Mr. Frommer was granted a new passport,
No. 668, by this niission, for himself and his wife, Thekia, born at Krakau,
Galicia, where the said Frommer has continued to live for the past ten years.
 4. On the 28th day of July, 1898, a third passport, No. 952, was issued
to Mr. Frommer by this mission. 
 5. On the 28th day of September, 1900, Mr. Frommer was granted a fourth
passport, No. 232, by this mission, he then declaring in his application
for same that he intended to return to the United States within one and one-half
years, or as soon as he had disposed of his bat business in Krakau. 

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