HENRY VIGNAUD, Second Secretary to Mr. Schmidt, July 9, 1883

Mr. Vignaud to Mr. Schmidt.

Sir: Invoking the principle that the naturalization of the father entails that of infant children, you represent that you have renounced Austrian nationality to acquire, on June 1, 1883, American citizenship, and that you desire an American passport for your children, Otto Schmidt, aged 19 years, and Gustavus Schmidt, aged 18 years, who propose to travel in Servia.

By act of the 14th of April, 1802 (section 2172, Rev. Stats.), it is true that the children of those who obtain American naturalization become, by this fact, Americans themselves, but it is only upon condition that they reside in the United States—“if dwelling in the United States,” says the text.

Your sons (and yourself) having acknowledged that they have never been to the United States, it is not possible to apply to their case the provision of this act, and to consider them as American citizens. This legation, therefore, to its great regret, finds itself under the necessity to refuse the passport desired. I may add that think it doubtful whether your sons can benefit of the act of 1802, even if they go to the United States and establish their domicile there, because the context of the law implies that the residence in the United States of the minors in question should take place at the moment of the naturalization of the parents.

If, however, you so desire, sir, the chargé d’affaires will, with pleasure, submit the case to the Department of State at Washington, and ask whether it is possible to deliver a passport to your sons, and in the contrary case what facilities are secured to them by the act of 1802.

I have the honor to return herewith the documents you left with me, viz, your certificate of naturalization, your passport, and the Austrian passports of your sons.

Please accept, &c.,